[Federal Register Volume 90, Number 183 (Wednesday, September 24, 2025)]
[Notices]
[Pages 45982-45983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18475]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0103; Notice 2]
Hercules Tire & Rubber Company, Grant of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: Hercules Tire & Rubber Company, (Hercules), has determined
that certain Ironman iMove PT radial tires do not fully comply with
Federal Motor Vehicle Safety Standard (FMVSS) No. 139, New Pneumatic
Radial Tires for Light Vehicles. Hercules filed an original
noncompliance report on October 26, 2022, and amended the report on
November 28, 2022. Hercules subsequently petitioned NHTSA on October
27, 2022, and amended its petition on December 1, 2022, for a decision
that the subject noncompliance is inconsequential as it relates to
motor vehicle safety. This document announces the grant of Hercules'
petition.
FOR FURTHER INFORMATION CONTACT: Jayton Lindley, Safety Compliance
Engineer, Office of Vehicle Safety Compliance, NHTSA, (325) 655-0547.
SUPPLEMENTARY INFORMATION:
I. Overview: Hercules determined that certain Ironman iMove PT
radial tires do not fully comply with paragraph S5.5.1(b) of FMVSS No.
139, New Pneumatic Radial Tires for Light Vehicles (49 CFR 571.139).
Hercules filed an original noncompliance report dated October 26,
2022, and amended the report on November 28, 2022, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. Hercules
petitioned NHTSA on October 27, 2022, and amended its petition on
December 1, 2022, for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
Notice of receipt of Hercules's petition was published with a 30-
day public comment period, on July 26, 2024, in the Federal Register
(89 FR 60686). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2022-0103.''
II. Tires Involved: Approximately 5,146 Ironman iMove PT radial
tires, size 215/55R17, manufactured between March 7, 2022, and May 16,
2022, were reported by the manufacturer.
III. Noncompliance: Hercules explains that the date code portion of
the Tire Identification Number (TIN) on the subject tires inaccurately
identifies the week of manufacture and, therefore, does not comply with
paragraph S5.5.1(b) of FMVSS No. 139 and 49 CFR part 574.5(b)(3).
Specifically, the TIN on the subject tires contains a date code in
which the first symbol is ``7'' when it should be ``1.''
IV. Rule Requirements: Paragraph S5.5.1(b) of FMVSS No. 139 and 49
CFR 574.5(b)(3) include the requirements relevant to this petition.
Each tire (manufactured on or after September 1, 2009) must be labeled
with the TIN, as required by 49 CFR part 574.5(b)(3), on the intended
outboard sidewall of the tire. The date code, consisting of four
numerical symbols, is the final group of the TIN and must identify the
tire's week and year of manufacture. The first and second symbols of
the date code must identify the week of the year by using ``01'' for
the first full calendar week in each year, ``02'' for the second full
calendar week, and so on. The third and fourth symbols of the date code
must identify the last two digits of the year of manufacture.
V. Summary of Hercules's Petition: The following views and
arguments presented in this section, ``V. Summary of Hercules's
Petition,'' are the views and arguments provided by Hercules. They do
not reflect the views of the Agency. Hercules describes the subject
noncompliance and contends that the noncompliance is inconsequential as
it relates to motor vehicle safety.
Hercules explains that the subject tires were manufactured in
calendar weeks 10-19 of calendar year 2022, therefore the first symbol
of the date code portion of the TIN should be ``1.'' However, the tires
contain a TIN in which the first symbol of the date code is ``7,''
indicating that the tire was manufactured in calendar weeks 70-79,
which do not exist.
Hercules states that other than the incorrect first digit of the
date code, all other content within the TIN is accurate and the tires
comply with the applicable FMVSS No. 139 performance requirements.
Hercules believes that subject noncompliance will not cause
consumers to be misled because the incorrect date code indicates a
calendar week that does not exist. For example, if the date code listed
on the subject tire is ``7322,'' it indicates that the tire was
manufactured in calendar week 73 of the year 2022, which does not
exist.
According to Hercules, NHTSA has granted prior petitions in which
the noncompliance involves mislabeled or inaccurate date codes because
the noncompliance will not confuse or mislead the consumer. Hercules
believes that NHTSA's main concern with TINs that are mislabeled or
inaccurate is the potential for adverse safety consequences due to
consumers using aged tires that are beyond the manufacturer's
recommended service life, regardless of the condition of the tire.\1\
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\1\ See Cooper Tire & Rubber Company, 86 FR 47726 (August 26,
2021).
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Hercules says that the incorrect date code ``cannot be confused
with any other reasonably related date code that would lead a consumer
to use the subject tires for longer than the recommended time frame.''
Further, Hercules says the date code indicates the correct year that
the tire was manufactured, thus the consumer would not be misled about
the overall age of the tire.
Hercules says the subject noncompliance is similar to
noncompliances in prior petitions that were granted by NHTSA that
involved discrepancies in the TIN.\2\ Hercules states that there is no
risk a consumer would use the subject tire beyond the recommended
maximum service life because the year of manufacture indicated by the
date code is correct. In the worst-case scenario, Hercules expects that
a consumer would contact them or their local tire distributor regarding
the accuracy of the date code on the subject tires.
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\2\ See Bridgestone/Firestone, Inc., Grant of Petition, 71 FR
4396 (January 26, 2006), Bridgestone/Firestone, Inc., Grant of
Petition, 66 FR 45076 (August 27, 2001).
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Hercules states that in the event of a recall, it is able to
identify the subject tires and notify consumers. Hercules contends that
NHTSA has granted prior petitions in which the manufacturer had the
ability to identify affected tires if a
[[Page 45983]]
recall were to occur.\3\ Hercules quotes NHTSA as stating, ``The
purpose of the date code is to identify the tire so that, if necessary,
the appropriate action can be taken in the interest of public safety--
such as, a safety recall notice.'' Hercules notes that NHTSA has
previously granted a petition for a noncompliance in which a date code
was not provided but the manufacturer was able to notify consumers
using that TIN with a missing date code.
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\3\ See Bridgestone/Firestone Grant of Inconsequentiality
Petition, 64 FR 20090 (May 28, 1999); see also Cooper Tire & Rubber
Co., Grant of Inconsequentiality Petition, 68 FR 16115 (April 2,
2003).
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Hercules concludes by stating its belief that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and its petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
VI. NHTSA's Analysis: In determining inconsequentiality of a
noncompliance, NHTSA focuses on the safety risk to individuals who
experience the type of event against which a recall would otherwise
protect.\4\ In general, NHTSA does not consider the absence of
complaints or injuries when determining if a noncompliance is
inconsequential to safety. The absence of complaints does not mean
vehicle occupants have not experienced a safety issue, nor does it mean
that there will not be safety issues in the future.\5\ Further, because
each inconsequential noncompliance petition must be evaluated on its
own facts and determinations are highly fact-dependent, NHTSA does not
consider prior determinations as binding precedent. Petitioners are
reminded that they have the burden of persuading NHTSA that the
noncompliance is inconsequential to safety.
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\4\ See Gen. Motors, LLC; Grant of Petition for Decision of
Inconsequential Noncompliance, 78 FR 35355 (June 12, 2013) (finding
noncompliance had no effect on occupant safety because it had no
effect on the proper operation of the occupant classification system
and the correct deployment of an air bag); Osram Sylvania Prods.
Inc.; Grant of Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013) (finding occupant using
noncompliant light source would not be exposed to significantly
greater risk than occupant using similar compliant light source).
\5\ See Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR 21663, 21666 (Apr.
12, 2016); see also United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an unreasonable risk
when it ``results in hazards as potentially dangerous as sudden
engine fire, and where there is no dispute that at least some such
hazards, in this case fires, can definitely be expected to occur in
the future'').
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NHTSA has evaluated the merits of the petition submitted by
Hercules and is granting its request for relief from notification and
remedy based on the following three considerations:
1. NHTSA has no basis to believe that the subject tires do not meet
the performance and labeling requirements of FMVSS No. 139, except for
the incorrect number used for the first digit of the week portion of
the TIN.
2. The year portion of the date code is correct, indicating that
the tires were manufactured in 2022, therefore consumers can rely on
the correct year portion of the date code to determine when it is
appropriate to replace their tires in order to avoid using them beyond
their recommended life.
3. Hercules stated that they have ensured that the tires can be
registered on the Ironman registration site such that Hercules will be
able to isolate and identify any affected tires in the event that a
safety recall were to be required. NHTSA has verified that the tires
may successfully be registered using the incorrect date code.
Lastly, the agency would like to provide additional context to the
petitioner's quotation of previous statements made by the agency
regarding the purpose of the date code portion of the TIN. The
statement quoted by the petitioner was made in the context of
responding to a specific petition and not intended to be a general
statement regarding the sole purpose of the date code. The date code
provides information to consumers about the age of their tires in
addition to facilitating the identification of affected tires in the
event of a recall.
VII. NHTSA's Decision: In consideration of the foregoing, NHTSA
finds that Hercules has met its burden of persuasion that the subject
FMVSS No. 139 noncompliance in the affected tires is inconsequential to
motor vehicle safety. Accordingly, Hercules's petition is hereby
granted and Hercules is consequently exempted from the obligation of
providing notification of, and a free remedy for, that noncompliance
under 49 U.S.C. 30118 and 30120.
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision
only applies to the subject tires that Hercules no longer controlled at
the time it determined that the noncompliance existed. However, the
granting of this petition does not relieve tire distributors and
dealers of the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into interstate commerce of
the noncompliant tires under their control after Hercules notified them
that the subject noncompliance existed.
(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2025-18475 Filed 9-23-25; 8:45 am]
BILLING CODE 4910-59-P